Parliament Flashcards
(28 cards)
What is Parliament
The British legislature, bicameral, made it HoC and HoL
HoC
Primary chamber of UK legislature, elected by voters
HoL
The second chamber of UK legislature, not directly elected
Backbenchers
MPs without ministerial or shadow - ministerial position. Main role is representation their constituencies. Expected to support leaders of their respective parties
Opposition
The official opposition usually is the party with second largest number of seats in HoC, with the role of critiquing govt and oppose its legislative proposals. Seeks to represent itself as an alternative govt
Functions of Parliament - passing legislation
Passing legislation (HoC, HoL)
-Most important function. HoL can only interfere with non-financial bills. Bills usually proposed by govt. Limited opportunity for backbench opposition. Adversarial nature of party politics backed by whips who ensure party MPs attend parliamentary votes (divisions) and vote along govt lines. Can remove the whip from rebels. Govt can use argument of overloading necessity to push through legislation, eg, 2005 Prevention of Terrorism Act. Bad examples also include 1991 Dangerous Dogs Act
Functions of Parliament - Scrutiny
Scrutiny (HoC and HoL)
Exercise oversight of executive actions.
-Questions to ministers - PMQs
-Select Committees - shadow individual govt departments in the Commons
-Debates - eg, August 2013 House of Commons debate where Cameron’s govt defeated in its proposal to undertake military action in Syria. 2010 creation of Backbench Business Committee given MPs more power to shape agenda by allowing them to choose topic of debate 1x per week
Functions of Parliament - Providing Ministers
(HoC and HoL)
Convention that ministers must sit in one of the two Houses. Parliament is the recruiting ground for future ministers, with whips making recommendations to party leaders. PM possesses wide powers of patronage
Functions of Parliament - Representing Electorate
(HoC only)
Commons has responsibility of representation due to it being elected. HoL only represents in its possession of wide range of professional backgrounds, but is not organised systematically
HoL not dominated by single party but isn’t reflective of wider UK society (old, male, etc)
MPs aren’t delegates of constituencies, but exercise their own judgement. FPTP creates strong link between MP and constituency.
How effectively does Parliament perform its representative function
MPs may remain loyal to their party and seek to win promotions to government that may conflict with their representative function. However, the ministerial code advises how to take care during conflict of interest
Commons is still not representative of society as a whole despite efforts since 1980s
Exclusive power of HoC
HoC has exclusive authority over taxation and public expenditure.
HoC can exercise power during Confidence and Supply situation, in the event of a minority govt, govt doesn’t make a formal coalition but relies on limited agreement with another party to stay in office. Eg, Conservative and DUP following GE 2017
Main powers of HoL and limits
Legal restraints on HoL power provided mostly by Parliament Acts of 1911 and 1949. These set out that Lords has no right to delay money bills and it’s power of veto of non-financial bills was converted into power to delay (initially by 2 years, then halved in 1949 under Attlee)
1945 Salisbury Convention - convention whereby HoL does not delay or block any legislation that was included in a govt manifesto
Thus, HoL acts as
Revising chamber - proposing amendments to govt legislation
Only can veto if govt tried prolonging parliamentary life beyond legal max of 5 years
How has HoL become more important
Removal of most hereditary peers in 1999 meant HoL was now dominated by life peers, appointed on merit, increasing Lords sense of legitimacy, who were more likely to be active members, increasing inclinations to challenge govt
Also meant the end of the traditional conservative dominance of HoL
Challenges to Salisbury Convention
Cross bench peers more likely to critique bills on its own merits
How has the Salisbury Convention been challenged by HoL
Lib Dems, after 2005 GE, opposed Labours proposals for identity cards, even though the policy had been announced by Labour in advance. Lib Dems argued convention no longer applied as govt was elected on very low share of popular vote (35.2%)
How does HoC maintain its supremacy
Govt can usually make use of its majority in HoC to overturn critical Lords amendments, eg, Feb 2012, coalition govt rejected 7 amendments to Welfare Reform and Work Bill
During parliamentary ping pong, such as 2005 Prevention of Terrorism Bill, it’s ultimately up to govt whether to accept or reject changes proposed by Lords
As a last resort govt can force a bill through by the Parliament Act, eg Blair equalising the age of consent for gay and heterosexual people 2000
Lords will usually drop opposition due to its sense of lack of democratic legitimacy
Parliamentary privilege
Right of MPs or Lords to make certain statements within parliament without being subject to outside influence, including law
What stages does a bill go through to become a law? (If originating in HoC)
First Reading
Second Reading
Committee Stage
Report Stage
Third Reading
House of Lords stages - same process except committee stage, which is done as whole house)
Royal assent
What shows an increasingly significant role for backbenchers
Creation of Backbench Business Committee 2010, allows backbenchers to choose topic of debate 35 days in each parliamentary session. Debates include the debate that led to Harvey’s Law 2015
Rise in number of backbench rebellions against government measures - MPs rebelled in 35% of divisions 2010 - 15, whereas only 28% during 2005-10
Increased use of urgent questions - 2009 - 13, 3547 UQ’s compared to 1234 during 2000 - 09
Backbenchers members of HoL are largely retired politicians, and thus promises of government posts can’t influence them, increasing independence.
Growing number of non - party affiliated backbenchers in HoL
Select Committees
Set up in 1979
Scrutinise policy, administration and spending of each govt department
Also non - departmental S.C such as Public Account Committee that examines govt expenditure and The Liaison Committee, which questions the PM 2x/year across whole field of govt policy
Each departmental S.C reflects the balance of party strength in HoC
Chairs now elected by fellow MPs, not whips, via secret ballot
Can decide areas of investigation, bring in witnesses and experts and appoint specialist advisors, and produce a report, of which the govt is expected to respond to within 2 months
What are the limits on backbench influence
MPs can use various methods to draw attention to issues, but this does not mean action will be taken
Public bill committees contain a govt majority and thus uses itself to enhance its own amendments rather than those of opposing MPs
Powers of patronage and the force of the whips to enforce party loyalty remain influential
Why are select committees important
Work is respected as it is evidence based
Televised and reported in the media
Scope has widened recently to include scrutiny of legislation
Long serving members accumulate more knowledge of a particular policy area than a minister, and has been seen as an alternative career path to the ministerial ladder
Can have direct impact on govt policy, eg, 2014 when Home Office took Passport Office back under ministerial control following a report by the Home Affairs Select Committee.
Why should we not exaggerate the influence of select committees
Majority of its members will be drawn from the governing party
Although resources have increased, committees can only cover a limited range of topics
High turnover rate for membership of committees, and some MPs don’t attend regularly
Govt accepts estimated 40% of S.C recommendations, but these aren’t major policy changes
Committees power to summon witnesses is not unlimited - can be blocked, eg Theresa May 2013 blocked Home Affairs Select Committee from interviewing the head of MI5, Andrew Parker
Why would opposition power lack?
Opposition parties aren’t in a strong position unless the governments majority is small.
Effective opposition leaders may make little effect on public, eg William Hague’s defeat in 2001 GE
What are examples of opposition powers?
Leader of opposition takes the role of responding to the annual kings speech, that sets out the govt programme.
Reply to chancellor of exchequers budget
Opposition PARTIES allocated 20 days to decide topics for debate
17 of these days allocated to the OFFICIAL OPPOSTION.
3 days for second largest opposition party - eg SNP in Nov 2015 instigated debate on the Trident nuclear defense system
“Short money” is financial assistance granted to opposition parties to carry out their parliamentary business and the running of their offices, to compensate for their lack of access to the civil service
